Rule 17-304 - Qualifications and Selection of Mediators and Settlement Conference Chairs(a)Qualifications of Court-Designated Mediator. To be designated by the court as a mediator, an individual shall:(1) unless waived by the parties, be at least 21 years old;(2) have completed at least 40 hours of basic mediation training in a program meeting the requirements of (A) Rule 17-104or(B) for individuals trained prior to January 1, 2013, former Rule 17-106;(3) be familiar with the Rules in Title 17 of the Maryland Rules;(4) submit a completed application in the form required by the ADR Office;(5) attend an orientation session provided by the ADR Office;(6) unless waived by the ADR Office, observe, on separate dates, at least two District Court mediation sessions and participate in a debriefing with the mediator after each mediation;(7) unless waived by the ADR Office, mediate on separate dates, at least two District Court cases while being reviewed by an experienced mediator or other individual designated by the ADR Office and participate in a debriefing with the observer after each mediation;(8) agree to volunteer at least six days in each calendar year as a court-designated mediator in the District Court day-of-trial mediation program;(9) abide by mediation standards adopted by Administrative Order of the Supreme Court and posted on the Judiciary website;(10) submit to periodic monitoring by the ADR Office;(11) in each calendar year complete four hours of continuing mediation-related education in one or more of the topics set forth in Rule 17-104; and(12) comply with the procedures and requirements posted on the ADR Office's website relating to diligence and quality assurance.(b)Qualifications of Court-Designated Settlement Conference Chair. To be designated by the court as a settlement conference chair, an individual shall be: (1) a judge of the District Court;(3) an individual who, unless the parties agree otherwise, shall: (A) abide by applicable standards adopted by Administrative Order of the Supreme Court and posted on the Judiciary website;(B) submit to periodic monitoring of court-ordered ADR by a qualified person designated by the ADR Office;(C) be a member in good standing of the Maryland Bar and have at least three years of experience in the active practice of law; (D) unless waived by the court, have completed a training program of at least six hours that has been approved by the ADR Office; and(E) comply with the procedures and requirements posted on the ADR Office's website relating to diligence and quality assurance.(c)Procedure for Approval.(1)Filing Application. An individual seeking designation to mediate or conduct settlement conferences in the District Court shall submit to the ADR Office a completed application substantially in the form required by that Office. The application shall be accompanied by documentation demonstrating that the applicant has met the applicable qualifications required by this Rule.Committee note: Application forms are available from the ADR Office and on the Judiciary website.
(2)Action on Application. After such investigation as the ADR Office deems appropriate, the ADR Office shall notify the applicant of the approval or disapproval of the application and the reasons for a disapproval.(3)Court-approved ADR Practitioner and Organization Lists. The ADR Office shall maintain a list: (A) of mediators who meet the qualifications of section (a) of this Rule;(B) of settlement conference chairs who meet the qualifications set forth in subsection (b)(3) of this Rule; and(C) of ADR organizations approved by the ADR Office.(4)Public Access to Lists. The ADR Office shall provide to the Administrative Clerk of each District a copy of each list for that District maintained pursuant to subsection (c)(3) of this Rule. The clerk shall make a copy of the list available to the public at each District Court location. A copy of the completed application of an individual on a list shall be made available by the ADR Office upon request.(5)Removal From List. After notice and a reasonable opportunity to respond, the ADR Office may remove a person as a mediator or settlement conference chair for failure to maintain the applicable qualifications of this Rule or for other good cause.Adopted Nov. 1, 2012, eff. 1/1/2013. Amended June 20, 2017, eff. 8/1/2017; Nov. 19, 2019, eff. 1/1/2020; amended April 21, 2023, eff. 4/1/2023.HISTORICAL NOTES
2017 Orders
The June 20, 2017 order, changed a certain reference from a retired judge approved to recall to senior judge.